PER CURIAM: Frank
Tolen, Jr. appeals his conviction and sentence of life without parole for armed
robbery and possession of a pistol by a person convicted of a violent crime.
Tolen argues the trial court lacked subject matter jurisdiction to hear his
second trial and his conviction and sentence violate the constitutional
prohibition against double jeopardy. We affirm[1] pursuant to Rule 220(b), SCACR, and the following authorities: State v. Santiago, 370 S.C. 153, 163, 634
S.E.2d 23, 28 (Ct. App. 2006) (“As a general rule, if an issue was not
raised and ruled upon below, it will not be considered for the first time on
appeal.”); State v. Nelson, 336 S.C. 186, 195, 519 S.E.2d 786,
790-91 (1999) (finding “where a verdict is set aside by a defendant’s own
motion and a new trial granted, the defendant may
be again tried for the offense”).

AFFIRMED.

Hearn,
C.J., Pieper and
Lockemy, JJ., concur.

[1] We decide this case without oral argument pursuant to
Rule 215, SCACR.